Santa Cruz County Grand Jury gives thumbs up to asset forfeiture process
In 2014, Santa Cruz County seized over $172,000 in assets from people suspected of a crime or illegal activity in 2014. According to a new report from the Santa Cruz County Grand Jury, the County’s civil asset forfeiture process is being handled properly, “with intelligence, compassion, and fairness,” and the Sheriff’s Office and District Attorney’s Office have fully complied with the letter and the spirit of the law.
The Grand Jury investigation was prompted by numerous national media reports citing abuse of civil asset forfeitures. The Santa Cruz Civil Grand Jury noted that none of the reports of abuse involved Santa Cruz County.
Civil asset forfeiture is a process used by law enforcement agencies to seize financial assets from people suspected of a crime or illegal activity, most often in connection with drug offenses.
The Grand Jury investigated the processes and procedures used by the Santa Cruz County District Attorney’s Office and Sheriff’s Office to implement and oversee the handling of civil asset forfeitures.
According to a report released Tuesday, the value of seized assets in 2014 was $172,018. Of that, $71,364.21 was returned to property owners when their cases were dropped or defendants were found innocent. The remaining $105,654 in assets ($92,947 in cash and $12,707 in assets like vehicles) was forfeited and distributed as directed by California Health and Safety Code Section 11489. The distributed funds were used by the Sheriff’s Office to purchase additional equipment and furnishings, and not used for salaries and benefits.
The report found the District Attorney’s Office and the Sheriff’s Office are not dependent on civil asset forfeiture funds for meeting their budgets, which the report says removes “any likelihood that forfeiture will be misapplied for personal gain.”
The report listed six findings, two recommendations and two commendations. It recommended that the Santa Cruz County District Attorney’s Office include an annual summary and chart of civil asset forfeitures on its website, and commended the District Attorney’s Office and the Sheriff’s Office for the quality of the asset seizure process and the way assets were returned, saying it was done “intelligently, with care, compassion, and a focus on timeliness.”
The Santa Cruz County District Attorney’s Office has 60 days to respond to the report’s findings and recommendations.
You can read the entire Santa Cruz County Grand Jury report at: http://www.co.santa-cruz.ca.us/Departments/GrandJury/2015-2016GrandJuryReportsandResponses.aspx.
